Trans Laws and Constitutional Rulings in Belgium: The Ambiguous Relations between Sex and Gender
In this article we reflect upon the evolution from the Belgian trans law of 2007 to those of 2017 and beyond, giving adult citizens the possibility to have their self-determined gender legally recognised. The 2019 ruling of the Belgian Constitutional Court, condemning the Belgian State for being dis...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Cogitatio
2020-09-01
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| Series: | Politics and Governance |
| Subjects: | |
| Online Access: | https://www.cogitatiopress.com/politicsandgovernance/article/view/2851 |
| _version_ | 1828431064587042816 |
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| author | Petra Meier Joz Motmans |
| author_facet | Petra Meier Joz Motmans |
| author_sort | Petra Meier |
| collection | DOAJ |
| description | In this article we reflect upon the evolution from the Belgian trans law of 2007 to those of 2017 and beyond, giving adult citizens the possibility to have their self-determined gender legally recognised. The 2019 ruling of the Belgian Constitutional Court, condemning the Belgian State for being discriminatory against gender fluid and gender non-binary persons regarding their legal gender recognition, requires the Belgian government to either add a third legal option or to abolish gender registration altogether. We analyse the definitions of sex and gender that underlie the two trans laws of 2007 and 2017 and the Constitutional Court ruling of 2019 and then confront them with the experiences of trans people based on a national transgender survey (Motmans, Wyverkens, & Defreyne, 2017). The confrontation between legal texts and lived experiences clearly shows the promises and pitfalls states face when striving for gender recognition procedures. |
| first_indexed | 2024-12-10T17:57:41Z |
| format | Article |
| id | doaj.art-7327ca28b2164e5496c1bed8de3ae503 |
| institution | Directory Open Access Journal |
| issn | 2183-2463 |
| language | English |
| last_indexed | 2024-12-10T17:57:41Z |
| publishDate | 2020-09-01 |
| publisher | Cogitatio |
| record_format | Article |
| series | Politics and Governance |
| spelling | doaj.art-7327ca28b2164e5496c1bed8de3ae5032022-12-22T01:38:53ZengCogitatioPolitics and Governance2183-24632020-09-018324225210.17645/pag.v8i3.28511644Trans Laws and Constitutional Rulings in Belgium: The Ambiguous Relations between Sex and GenderPetra Meier0Joz Motmans1Department of Political Science, University of Antwerp, BelgiumTransgender Infopunt, Ghent University Hospital, Belgium / Centre for Research on Culture and Gender, Ghent University, BelgiumIn this article we reflect upon the evolution from the Belgian trans law of 2007 to those of 2017 and beyond, giving adult citizens the possibility to have their self-determined gender legally recognised. The 2019 ruling of the Belgian Constitutional Court, condemning the Belgian State for being discriminatory against gender fluid and gender non-binary persons regarding their legal gender recognition, requires the Belgian government to either add a third legal option or to abolish gender registration altogether. We analyse the definitions of sex and gender that underlie the two trans laws of 2007 and 2017 and the Constitutional Court ruling of 2019 and then confront them with the experiences of trans people based on a national transgender survey (Motmans, Wyverkens, & Defreyne, 2017). The confrontation between legal texts and lived experiences clearly shows the promises and pitfalls states face when striving for gender recognition procedures.https://www.cogitatiopress.com/politicsandgovernance/article/view/2851belgiumgenderlawrecognitionsextransgender |
| spellingShingle | Petra Meier Joz Motmans Trans Laws and Constitutional Rulings in Belgium: The Ambiguous Relations between Sex and Gender Politics and Governance belgium gender law recognition sex transgender |
| title | Trans Laws and Constitutional Rulings in Belgium: The Ambiguous Relations between Sex and Gender |
| title_full | Trans Laws and Constitutional Rulings in Belgium: The Ambiguous Relations between Sex and Gender |
| title_fullStr | Trans Laws and Constitutional Rulings in Belgium: The Ambiguous Relations between Sex and Gender |
| title_full_unstemmed | Trans Laws and Constitutional Rulings in Belgium: The Ambiguous Relations between Sex and Gender |
| title_short | Trans Laws and Constitutional Rulings in Belgium: The Ambiguous Relations between Sex and Gender |
| title_sort | trans laws and constitutional rulings in belgium the ambiguous relations between sex and gender |
| topic | belgium gender law recognition sex transgender |
| url | https://www.cogitatiopress.com/politicsandgovernance/article/view/2851 |
| work_keys_str_mv | AT petrameier translawsandconstitutionalrulingsinbelgiumtheambiguousrelationsbetweensexandgender AT jozmotmans translawsandconstitutionalrulingsinbelgiumtheambiguousrelationsbetweensexandgender |